G.R. No. 163879 & G.R. No. 165805; July 30, 2014
DR. ANTONIO P. CABUGAO and DR. CLENIO YNZON, Petitioners, vs. PEOPLE OF THE PHILIPPINES and SPOUSES RODOLFO M. PALMA and ROSARIO F. PALMA, Respondents.

FACTS

On June 14, 2000, ten-year-old Rodolfo Palma, Jr. (JR) complained of abdominal pain and was brought to Dr. Antonio Cabugao, a general practitioner. After initial treatment, JR was admitted to Nazareth General Hospital on June 15, 2000, upon Dr. Cabugao’s advice. Diagnostic tests, including a Complete Blood Count (CBC) showing elevated white blood cells and an ultrasound suggesting an inflammatory process in the right periumbilical region where appendiceal pathology could not be excluded, led to an initial impression of Acute Appendicitis. Dr. Cabugao referred the case to surgeon Dr. Clenio Ynzon. Dr. Ynzon ordered massive antibiotics, pain relievers, and a 24-hour observation period but did not personally monitor the patient, delegating this to resident physicians. JR’s condition worsened, exhibiting vomiting, diarrhea, fever, and eventually convulsions. He died on June 17, 2000. The Death Certificate listed causes including Septicemia (Acute Appendicitis). No surgery was performed. An Information was filed against both doctors for Reckless Imprudence Resulting in Homicide.

ISSUE

Whether the petitioners, Dr. Antonio P. Cabugao and Dr. Clenio Ynzon, are guilty beyond reasonable doubt of the crime of Reckless Imprudence Resulting in Homicide for their alleged negligence in the treatment of Rodolfo Palma, Jr.

RULING

Yes. The Supreme Court affirmed the decisions of the Regional Trial Court and the Court of Appeals convicting the petitioners. The Court found that the petitioners failed to exercise the reasonable skill and care required of physicians. The initial diagnosis was acute appendicitis, a surgical emergency. Despite diagnostic test results indicating an ongoing infection and the patient’s deteriorating symptoms after the 24-hour observation period, the petitioners did not personally monitor the patient, failed to perform a process of elimination to confirm the diagnosis, and ruled out surgery without sufficient basis. Their inaction and delegation of critical monitoring to resident physicians constituted gross negligence, which allowed the infection to spread rapidly, leading to the patient’s death from septicemia. The Court held that their negligence was the proximate cause of JR’s death, thus sustaining their conviction for Reckless Imprudence Resulting in Homicide under Article 365 of the Revised Penal Code.